Appeal No. 1998-1213
Application 08/450,506
We have carefully considered all of the arguments
advanced by appellants and the examiner and agree with
appellants that the
aforementioned rejection is not well founded. Accordingly, we
reverse this rejection.
In order for a claimed invention to be anticipated under
35 U.S.C. § 102(b), all of the elements of the claim must be
found in one reference. See Scripps Clinic & Research Found.
v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010
(Fed. Cir. 1991).
Appellants’ claims require a fuel composition which
includes an oil soluble reaction product of the recited
dicarboxylic acid producing material and basic reactant. The
examiner argues that Meinhardt teaches that the acylating
reagent itself, i.e., the dicarboxylic acid producing
material, can be used as an additive for lubricant and fuel
compositions (col. 19, lines 53-55), and that Meinhardt
teaches at column 44, lines 61-64 that the acylating reagents
3
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